State, and because the accused is declared absent, instructions have been issued to re-open the warrants for her location and arrest. 45. Furthermore, the State indicates that by means of a judgment issued by the National Criminal Court on May 25, 2006, it was established that “(…) this case charges Jesús Mónica Feria Tinta, (…) for the crime of membership of a terrorist organization, participation in writing, editing, coordinating, and disseminating the underground newspaper “El Diario,” a channel for instigating and publicizing the terrorist acts perpetrated by members of the Peruvian Communist Party, the Shining Path, fulfilling in this way the orders and specific tasks entrusted to her by the leaders of the aforementioned organization. Furthermore, Jesús Mónica Feria Tinta is charged with the crime of advocating criminal behavior defined in Article 316 of the Criminal Code; (…)”. In this same resolution, judgment was reserved against the accused Jesús Mónica Feria Tinta in her absence until such a time that she was located and brought before the competent legal authorities. Moreover, the State says that resolution dated January 24, 2007, orders the activation of the warrants issued for the arrest of Jesús Mónica Feria Tinta. 46. The State reports that in a resolution dated January 4, 2008, the National Criminal Court indicated that the crimes listed in the prosecution charge include, among others: 1. Crime of Disturbing the Public Peace, in the form of advocating criminal behavior to the detriment of the State, defined and sanctioned in Article 316 of the Criminal Code of 1991, original text; which for the aggravated form imputed, establishes a punishment of no less than four years and no greater than six years, and; 2. Crime of Disturbing the Public Peace – Terrorism (in the form of Membership of a Terrorist Group), to the detriment of the State, defined and sanctioned in Article 322 of the Criminal Code of 1991, which in its original text establishes a punishment of no less than ten years and no greater than twenty years imprisonment; with the Superior Prosecuting Attorney’s office (Fiscalía Superior) seeking a sentence of twenty years. The State adds that criminal proceedings are currently in effect in accordance with Articles 48, 80, 82 iv) and 83 of the Criminal Code, having been submitted – according to the charge – in legal concurrence and because the second of the two charges refers to a permanent crime. According to the State, the above-mentioned resolution also states that the decision could not be implemented because at the time the judgment of acquittal issued in the case had been annulled by faceless judges, the petitioner was defined as evading the law, having not turned herself in to regularize her status. 47. Furthermore, the State mentions that by a resolution dated January 21, 2008, the Second Criminal Transitory Court of the National Supreme Court declared inadmissible the application for extradition for the crime of disturbing the public peace in the form of advocating criminal behavior; and admissible for the crime of disturbing the public peace, in the form of terrorism by membership of a terrorist group to the detriment of the Peruvian State, and consequently requested the extradition of citizen Jesus Mónica Feria Tinta from the Federal German Republic, and ordered the proceedings to be remitted to the Executive branch. 48. Finally, the State indicates that by means of document No. 048-2008-JUS-DNJ/DICAJ dated January 28, 2008, the Director Coordinating the Administration of Justice of the Ministry of Justice indicated that the executive branch had issued supreme resolution No. 013-2008JUS, published in the official newspaper “El Peruano” on January 24, 2008, which resolves in Article 1 to: “ Agree to the request for active extradition of the accused Jesús Mónica Feria Tinta, filed by the National Criminal Court of the National Supreme Court of Justice and declared lawful by the Second Criminal Transitory Court of the National Supreme Court, for allegedly committing crimes against the public peace, specifically, terrorism and advocating criminal behavior; and arrange for its presentation via diplomatic channels to the government of the Federal Republic of Germany, in accordance with the relevant Peruvian legal provisions.” 7